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Housing Agreement by the City has been made in material reliance by the City <br />on such covenants, representations and warranties: <br />II -A. The Developer is a California limited liability company, lawfully entitled to <br />do business in the State of California and the City. The Developer has the <br />legal right, power and authority to enter into this Inclusionary Housing <br />Agreement and the instruments and documents referenced herein and to <br />consummate the transaction contemplated hereby. The persons <br />executing this Inclusionary Housing Agreement and the instruments <br />referenced herein on behalf of the Developer hereby represent and <br />warrant that such persons have the power, right and authority to bind the <br />Developer. <br />II-13. The Developer has taken all requisite action and obtained all requisite <br />consents in connection with entering into this Inclusionary Housing <br />Agreement and the instruments and documents referenced herein and the <br />consummation of the transactions contemplated hereby, and no consent <br />of any other party is required for the Developer's authorization to enter into <br />this Inclusionary Housing Agreement. <br />II-C. Neither the execution of this Inclusionary Housing Agreement nor the <br />consummation of the transactions contemplated hereby shall result in a <br />breach of or constitute a default under any other agreement, document, <br />instrument, or other obligation to which the Developer is a party or by <br />which the Developer may be bound, or under any law, statute, ordinance, <br />governmental regulation or any writ, injunction, order or decree of any <br />court or governmental body applicable to the Developer or to the Property. <br />II-D. This Inclusionary Housing Agreement is, and all agreements, instruments <br />and documents to be executed by the Developer pursuant to this <br />Inclusionary Housing Agreement shall be duly executed by and are or <br />shall be valid and legally binding upon the Developer and enforceable in <br />accordance with their respective terms. <br />III. Effective Date <br />This Inclusionary Housing Agreement is dated Su1 §� , 2015 for reference <br />purposes only. This Inclusionary Housing Agreement shall not go into effect <br />before the Effective Date. <br />Indusionary Housing Agreement Page 9 <br />City of Santa Ana February 17, 2015 <br />1603\14\1654522.2 <br />